Perry v. Treadwell — 125 N.Y.S. 1140

Majority

p. 1140

PERRY v. TREADWELL.

(Supreme Court, Appellate Division, First Department.

October 28, 1910.)

Headnote

Appeal from Special Term, New York County. Action by Ellis B. Perry, as administrator, against Charles W. Treadwell. From an order requiring plaintiff to serve a bill of particulars, he appeals. Reversed, and motion denied.

'S. C. Carlton, for appellant. W. Wills, for respondent.

It does not appear that the particulars which the order required the plaintiff to furnish are at all material to the cause of action set up in the complaint, if any; and for that reason the order appealed from is reversed, with $10 costs and disbursements, and the motion for bill of particulars denied, with $10 costs.